CREATING A FLOW CHART FOR SEARCH AND SEIZURE

Concepts Related to Searches  Not a search unless conducted by state actor  Justified at inception  Individualized suspicion where highly intrusive  Risk to safety or discipline for highly intrusive search  Reasonably related to objectives of the search  Reasonably related in scope to circumstances that justified search  Not a search unless legitimate expectation of privacy  Reasonable grounds for suspicion of violation of law or school rules  Not excessively intrusive, given age and sex of student and nature of infraction  Special needs justifying random search

Two Examples Linear Flow Chart Graphic Flow Chart

Creating a Linear Flow Chart NNNNot a search unless by state actor JJJJustified at inception SSSSpecial needs justifying random search RRRReasonable grounds for suspicion of violation of law or school rules NNNNot excessively intrusive, given age and sex of student and nature of infraction IIIIndividualized suspicion where highly intrusive RRRRisk to safety or discipline RRRReasonably related to objectives of the search AAAAppropriate safeguards for privacy NNNNot a search unless legitimate expectation of privacy RRRReasonably related in scope to circumstances that justified search  Search? State actor Legitimate expectation of privacy  Justified at inception? Reasonable grounds for suspicion violation of law violation of school rules  Reasonably related in scope to circumstances that justified search? Reasonably related to objectives of the search Not excessively intrusive Age of student Sex of student Highly intrusive Individualized suspicion Sufficient risk to safety or discipline Random search Special needs Appropriate safeguards for privacy

Creating a Graphic Flow Chart

Search? Legit exp of privacy? No Search State Actor? NoYes No Justified at Incept? NoYes Violation of rules? Violation of law? No Yes Unconstitutional Reasonably Related in Scope? Related to objectives? NoYes Not excessively intrusive? Age? Sex? Reasonably intrusive Reasonably intrusive Highly intrusive Indiv suspicion Suff. risk Reasonable grounds for suspicion? Constitutional Yes No

Key Principles  Make it yourself  Focus on problem-solving steps (analytical steps)  Use a format that best suits your learning style and memory  Memorize the steps